Western Australian Current Acts Western Australian Current Acts (1) A guardian
(including a joint guardian) shall be an individual of or over the age of 18
years who has consented to act and who in the opinion of the State
Administrative Tribunal —
(a) will
act in the best interests of the person in respect of whom the application is
made;
(b) is
not in a position where his interests conflict or may conflict with the
interests of that person; and
(c) is
otherwise suitable to act as the guardian of that person.
(2) For the purposes
of subsection (1)(c) the State Administrative Tribunal shall take into account
as far as is possible —
(a) the
desirability of preserving existing relationships within the family of the
person in respect of whom the application is made;
(b) the
compatibility of the proposed appointee with that person and with the
administrator (if any) of that person’s estate;
(c) the
wishes of the person in respect of whom the application is made; and
(d)
whether the proposed appointee will be able to perform the functions vested in
him.
(3) Where a proposed
appointee is a relative of the person in respect of whom the application is
made, he shall not by virtue only of that fact be taken to be in a position
where his interests conflict or may conflict with those of that person.
(4) The fact that a
person is the administrator of the estate of a person does not disqualify him
from being appointed as guardian of that person.
(5) Except where he is
appointed to act jointly with another person or other persons, the State
Administrative Tribunal shall not appoint the Public Advocate as a guardian
unless there is no other person who is suitable and willing to act.
[Section 44 amended: No. 7 of 1996 s. 36; No. 55
of 2004 s. 466(1).]